Don E. Kilpatrick v. Adriana Potoczniak

Opinion

Abatement Order filed August 27, 2013

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00707-CV ____________

DON E. KILPATRICK, Appellant

V.

ADRIANA POTOCZNIAK, Appellee

On Appeal from the Co Civil Ct at Law No 4 Harris County, Texas Trial Court Cause No. 1033021

ABATEMENT ORDER

Notice was filed on August 23, 2013 that appellant is in bankruptcy. Tex. R. App. P. 8.1. According to the notice, on February 21, 2013, Donald E. Kilpatrick petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under case number 13-30974. A bankruptcy suspends the appeal from the date when the bankruptcy petition is filed until the appellate court reinstates the appeal in accordance with federal law. Tex. R. App. P. 8.2. Accordingly, we ORDER the appeal abated. When a case has been suspended by a bankruptcy filing, a party may move the appellate court to reinstate the appeal if permitted by federal law or the bankruptcy court. Tex. R. App. P. 8.3. If the bankruptcy court has lifted or terminated the stay, a certified copy of the order must be attached to the motion. Id. A party filing a motion to reinstate shall specify what further action, if any, is required from this court when the appeal is reinstated. See Tex. R. App. P. 10.1(a).

For administrative purposes only, and without surrendering jurisdiction, the appeal is abated and treated as a closed case until further order of this court.